The #1 St. Louis Rear-End Accident Lawyer

Rear-end car accidents are a common type of collision that occurs when one vehicle crashes into the back of another car.

These accidents can range from minor fender benders to severe crashes causing significant injuries or even fatalities.

Understanding the causes and potential injuries associated with rear-end accidents is crucial for promoting safer driving practices and reducing the risk of such incidents.

How Common Are Rear-End Car Accidents?

Rear-end accidents are among the most prevalent types of car accidents globally.

According to the NHTSA, about 32.5% of road accidents are rear-ended.

Around 31.1% of these numbers resulted in serious injuries, while 7% resulted in fatalities.

The Insurance Information Institute (III) released an updated motor vehicle accident statistical report for 2021.

According to this report, rear-end car accidents account for 2,949 (7.5%) of fatalities on the road, making them the third most fatal car accident nationwide.

What Are the Common Causes of a Rear-End Car Accident?

Several scenarios and instances could cause a rear-end crash.

Some of the most common causes of rear-end accidents include:

• Distracted Driving: Distracted driving is one of the leading causes of rear-end accidents.
  • Distracted driving refers to when a driver diverts their attention from the road, often by texting, talking on the phone, adjusting the radio, or interacting with passengers.
• Tailgating: Tailgating refers to driving too closely behind another vehicle, leaving insufficient space to stop safely in case of sudden braking.
  • When a driver tailgates, they reduce their reaction time and increase the likelihood of rear-ending the vehicle in front of them.
• Sudden Stops: Sudden stops — whether due to traffic congestion, obstacles on the road, or unexpected events — can also contribute to rear-end accidents.

What Are the Fatal and Common Injuries in a Rear-End Collision?

Due to the prevalence of rear-end accidents, the accident injuries it could cause vary widely.

Some might be common and easily treatable, while others contain severe consequences.

Some of the common and fatal injuries related to rear-end accidents include:

• Whiplash: Whiplash is a common injury in rear-end collisions, characterized by neck strain caused by the sudden back-and-forth head movement upon impact.
• Soft Tissue Injuries: These injuries involve damage to soft tissues including muscles, ligaments, and tendons, often leading to pain, inflammation, and reduced mobility.
• Bruising and Contusions: Impact from a rear-end collision can cause bruising and contusions to various parts of the body, particularly the chest, abdomen, and lower extremities.
• Concussions and Head Injuries: In more severe rear-end accidents, occupants may suffer concussions or other head injuries due to the force of the impact.
• Traumatic Brain Injuries (TBIs): Severe head trauma from a rear-end collision can lead to a traumatic brain injury, which may result in long-term cognitive impairment, physical disabilities, or death.
• Internal Organ Damage: The force of impact in a rear-end collision can cause internal injuries such as organ rupture or internal bleeding.
• Spinal Cord Injuries: In catastrophic rear-end accidents, a spinal cord injury may occur, resulting in paralysis or permanent disability. Accident victims might temporarily or permanently lose mobility to a particular region of their body in severe spinal injuries.

Rear-end accidents may seem straightforward at first glance, but they often involve several complexities.

From determining fault to dealing with insurance companies and proving the extent of injuries and damages, attorneys have much to straighten out before negotiating with the defendant’s insurance company.

Determining Fault

While rear-end collisions often result from the rear driver’s negligence, determining fault in these accidents can be more nuanced than it appears.

Many drivers assume that rear-end car accidents are solely the back driver’s fault, but that’s not always the case.

Various factors and laws may contribute to or mitigate liability, including:

• Comparative Negligence: In some cases, both drivers may share fault for the accident.
  • For example, if the driver in the front suddenly stops without signaling, they may bear partial responsibility for the collision.
• Multiple Vehicles: Rear-end accidents can involve more than two vehicles, complicating the process of determining fault.
  • Understanding the sequence of events and each driver’s actions is crucial in assigning liability accurately.
• External Factors: Road conditions, weather, and mechanical issues with the vehicles involved can also influence fault determination.
  • In some cases, the steering wheel might malfunction, causing drivers to bump into cars in front of them.

Experienced attorneys have extensive resources and a depth of knowledge to determine who’s responsible for the accident.

Dealing With Insurance Companies

Navigating insurance claims following a rear-end accident can be challenging, especially when dealing with insurance companies that may attempt to minimize payouts or dispute liability.

Common issues include:

• Delayed or Denied Claims: Insurance companies may delay or deny claims, citing reasons such as insufficient evidence or conflicting accounts of the accident.
• Lowball Settlement Offers: Insurance adjusters may offer settlement amounts that do not adequately cover the victim’s medical expenses, vehicle repairs, or other damages.
• Policy Limitations: Understanding the terms of insurance policies — including coverage limits and exclusions — is essential for ensuring victims receive the compensation they are entitled to under their policies.

Proving the Extent of Injuries and Damages

Proving the extent of injuries and damages resulting from a rear-end accident is a hurdle many attorneys need to overcome.

Collecting and presenting tangible proof of damage or injury could amplify the chances of settlement.

Problems when proving the severity of your injuries can include:

• Delayed Onset: Some injuries — such as whiplash or soft tissue injuries — may not manifest symptoms immediately following the accident.
  • Victims may need medical evaluations and ongoing treatment to document their injuries accurately.
• Disputes Over Severity: Insurance companies may dispute the severity of injuries or argue that pre-existing conditions contributed to the victim’s pain and suffering.

Assessing Non-Economic Damages

In addition to economic damages such as medical bills and property damage, rear-end accident victims may be entitled to non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life.

Quantifying these damages can be subjective and require legal expertise to assess accurately.

A huge problem with non-economic damages is that they’re hard to prove with facts.

Documenting your recovery from the rear-end car accident could help, but it won’t guarantee a significant return.

Competent and experienced legal counsel plays a vital role in rear-end car accidents.

An experienced rear-end car accident lawyer can help straighten the facts and build your case.

Ways an experienced attorney can help include:

• Evaluating the Case: Experienced rear-end accident lawyers possess the expertise to thoroughly evaluate the accident’s circumstances.
  • They will assess factors such as the severity of injuries, extent of property damage, available evidence, and liability issues to determine the strength of the case.
• Advising on Legal Options: Car accident lawyers can advise clients on the most appropriate legal options based on their assessment of the case.
  • These options may include filing an insurance claim, pursuing a personal injury lawsuit, or seeking alternative dispute resolution methods such as mediation or arbitration.
• Negotiating With Insurance Companies: Dealing with insurance companies can be complex and daunting, especially when attempting to negotiate fair compensation for injuries and damages.
  • Experienced lawyers are can help secure the compensation you deserve.
• Representing Clients in Court: In cases where you can’t reach a fair settlement negotiation, experienced car accident lawyers are prepared to represent their clients in court proceedings.

If you’re taking a legal step following a tragic rear-end car collision, you might find the process daunting and confusing.

Different law firms might have different practices and strategies, but there are always some similarities in how they operate.

What To Expect During the Initial Consultation

Most, if not all, personal injury law firms offer a free, non-binding consultation when you first meet with them.

This consultation doesn’t tie you to the company, and you reserve the right to refuse and find other representatives if you want.

During the initial consultation with a car accident lawyer in St. Louis, clients can expect the following:

• Case Evaluation: The lawyer or legal assistant will review the accident details, including the circumstances leading up to the collision, the extent of injuries and property damage, and any relevant documentation or evidence.
• Legal Assessment: Based on the information provided, the lawyer or assistant will assess the strength of the case and advise the client on their legal rights and options moving forward.
• Client Questions: The consultation allows the client to ask questions and address concerns about their case or the legal process. Clients must be open and honest with their lawyers during this meeting to ensure effective representation.

What Evidence You Should Have on Hand

Gathering evidence is crucial for building a strong rear-end accident case.

The best time to collect evidence is right after the accident when pieces of proof are readily available.

Evidence that should be on hand includes:

• Accident Reports: Obtain a copy of the police report filed at the scene of the accident. This document provides essential details about the crash and can help establish liability.
• Medical Records: Gather medical records documenting any injuries sustained in the accident, including diagnosis, treatment received, and prognosis. These records are essential for proving the extent of damages and securing compensation for medical expenses.
• Photographs and Videos: If possible, take pictures or videos of the accident scene, vehicle damage, injuries, and any contributing factors, such as road conditions or traffic signs. Visual evidence can strengthen the case and support the client’s claims.
• Witness Statements: Collect contact information from any witnesses to the accident and obtain statements detailing what they saw or heard. Witness testimony can corroborate the client’s version of events and provide additional evidence of liability.

The Calculation of Damages

Accurate calculation of recoverable damages is a complicated process involving numerous factors.

Your lawyer can help you determine the appropriate amount based on your injuries and any other damages you sustained.

Damages that result in compensation can include:

• Medical expenses
• Treatment and physical therapy
• Property damage
• Loss income
• Pain and suffering
• Loss of consortium
• Diminished quality of life

Pursuing Compensation Through Settlement Negotiations or Litigation

After assessing the case and calculating damages, St. Louis rear-end accident lawyers will pursue compensation through one of two primary avenues: settlement negotiations or litigation.

In settlement negotiations, your lawyer will negotiate with the insurance company representing the at-fault party to reach a fair settlement agreement.

Your lawyer will represent you in court before a judge and a jury in litigation.

While rear-end crashes don’t always result in fatal outcomes, this doesn’t make them less of an accident.

Lives are still affected by such accidents.

If you or a loved one is dealing with severe injuries following a rear-end car collision, you might be able to recover compensation for your injuries.

Speaking with an experienced car accident attorney can help you determine your best legal option.

Our experienced legal team at TorHoerman Law can help you navigate the intricate landscape of rear-end car collision claims.

We’ll thoroughly examine your case and help you acquire the necessary evidence to strengthen your winning chances.

Contact us now for a free consultation.

You can also use our chatbot for a free, instant case qualification.